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TACOMA FIXTURE CO., INC. v. RUDD CO., INC.

No. 34961-2-II.

174 P.3d 721 (2008)

TACOMA FIXTURE COMPANY, INC., Respondent/Cross-Appellant, v. RUDD COMPANY, INC., Appellant/Cross-Respondent.

Court of Appeals of Washington, Division 2.

January 8, 2008.

Attorney(s) appearing for the Case

Richard Lawrence Martens, Martens & Associates PS, Seattle, WA, for Petitioners.

Eric Clayton Frimodt, Attorney at Law, Bellevue, WA, for Respondents.

PENOYAR, J.

¶ 1 Tacoma Fixture Company (TFC) regularly ordered paint and varnish products from Rudd Company, Inc. (Rudd) for use in its cabinet manufacturing business. Rudd shipped the products to TFC and separately mailed an invoice, which included several terms that TFC did not specifically agree to, including a warranty disclaimer, a remedy limitation, a forum selection clause, and an attorney fee clause. TFC experienced several problems with Rudd's products...

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